Fine and ban for Fife man almost five times over drink-drive limit

Kyle Cushnie, of Methil Brae, appeared before Sheriff Alison McKay at Kirkcaldy Sheriff Court.

Cushnie, 27, admitted on August 13, 2021 on Methil Brae, Methil he drove a car after consuming so much alcohol that the proportion of it in his breath was 107 microgrammes of alcohol in 100 millilitres of breath, exceeding the legal limit of 22.

The Procurator Fiscal Depute said police were contacted and went to speak to the accused at his home address: “Officers were contacted in relation to the accused driving at the scene. He was traced at his home address and officers could smell alcohol on his breath.

"He was also unsteady on his feet and his speech was slurred.

"He identified himself as the driver of the vehicle. He failed a breath test and was taken to Kirkcaldy Police Station. He provided a lower reading there of 107 microgrammes in 100 milliltres of breath. The accused was cautioned and charged.”

Cushnie’s defence lawyer said his client had no previous convictions.

They added:: “He knows he could lose his licence. He is the owner of the vehicle and had been drinking after work. He had been watching football when he started consuming eight or nine cans of lager.

"He then made the catastrophic decision to go and buy cigarettes from the garage.”

His lawyer said the car was a hire purchase vehicle which his client does not own outright.

He said Cushnie pleaded guilty at the earliest opportunity and would welcome the chance to take part in the drink-drive rehabilitation programme.

Sheriff McKay said: “I have taken into account what has been said on your behalf and I am not going to order the forfeiture of your vehicle.

"But you were nearly five times the limit so I am going to disqualify you from driving for 16 months and this can be reduced to 13 months if you complete the drink-drive rehabilitation programme.”

She also fined Cushnie £800 for the offence.

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